Minutes of the New Mexico Bar Association Volume 10, PT. 1895

Minutes of the New Mexico Bar Association Volume 10, PT. 1895

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...is a party the verification may be made by an agent or attorney thereof; and when the Territory or any officer thereof in its behalf is a party, the verification may be made by any person. The verification may be omitted when the admission of the truth of the allegation might subject the party to prosecution for felony. And no pleading can be used in a criminal prosecution against the party as proof of the fact admitted or alleged in such pleading. ARTICLE V. GENERAL RULES OP PLEADING. Sec. 49. No allegation shall be made in a pleading which the law does not requre to be proved, and only the substantive facts necessary to constitute the cause of action or defense shall be stated. Sec. 50. A frivolous demurrer, answer or reply may be striken out on motion of the adverse party. Sec. 51. If irrelevant or redundant matter be inserted in a pleading, it may be stricken out on motion of the adverse party; and when the allegations or denials of a pleading are so indefinite or uncertain that the precise nature of the charge or denial is not apparent, and when they fail in any other respect to conform to the requirements of law, the court may require the pleading to be made definite and certain, or otherwise to conform to the law by amendment. Sec. 52. Duplicity is a substantial objection to the complaint or other pleading, and such objection shall be available on motion to strike out. Sec. 53. The court shall have power to tax the party offending, for any violation of the rules of pleading in the particulars specified in the last three sections, the sum of five dollars, as costs, in favor of the adverse party. Sec. 54. No party shall be required to state evidence in his pleadings, or to disclose therein the means by which he intends to prove his case....show more

Product details

  • Paperback | 42 pages
  • 189 x 246 x 2mm | 95g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236517989
  • 9781236517982